The government of Alberta and the Anglican Synod of the Diocese of Edmonton have acknowledged vicarious liability regarding an Anglican priest’s purported sexual assaults on minors within a city jail during the 1980s.
This acknowledgment was formalized in a consent order during a brief hearing at the Edmonton Court of King’s Bench on Tuesday morning.
Both the government and the diocese admit vicarious liability for any assaults that the Anglican priest Rev. Gordon William Dominey is found to have committed against teenage inmates at an Edmonton youth detention facility.
Over a dozen men have claimed that Dominey sexually abused them while they were incarcerated at the Edmonton Youth Development Centre between 1985 and 1990.
“For the first time, after a decade of this lawsuit, the government and the church are acknowledging liability,” remarked Avnish Nanda, attorney for the complainants.
“This recognition should have been made at the outset of the litigation.”
He noted that it has taken years to arrive at this stage, and some members of the class have passed away during this time, complicating the pursuit of justice for their families.
Nanda pointed out that his clients were minors at the time of the alleged offenses and were confined in a government facility where Dominey served as a priest.
“In my opinion, this is a straightforward case where the government and the church should have accepted liability from the beginning, but instead prolonged the process, jeopardizing many claims,” he stated.
Dominey faced 33 charges related to accusations involving young individuals and was set to stand trial in January 2020. He passed away on November 7, 2019, at the age of 67, before the criminal proceedings could occur.
Nanda explained that the allegations must still be substantiated in the civil process before individual class members can receive any compensation.
“They have not been able to gain that legal acknowledgment that these crimes were committed against them,” Nanda stated. “They are left to navigate the civil claims process.”
Each class member must prove the specifics of their individual claims through an evaluation or determination process, according to Nanda.
The involved parties are currently in discussions regarding a possible settlement, although Nanda was unable to share any details about those talks.
Prolonged legal battle
This legal action has been ongoing for approximately ten years following Dominey’s arrest in February 2016, with a statement of claim filed the subsequent year.
In 2022, the alleged victims aimed to have the lawsuit certified as a class action, asserting that the defendants should be held accountable for failing to safeguard the youths from Dominey.
Originally, a judge dismissed the application, concluding that it would be more appropriate for the individual men to seek damages through separate lawsuits.
The case later advanced toward a common issues trial concentrating on the defendants’ liability for Dominey’s alleged actions.
The consent order issued by Justice John Henderson voids that trial due to the defendants’ acknowledgment of vicarious liability.
CBC News reached out for comments from both the diocese and the province. The diocese opted not to comment since the case is still in the courts.
Mixed feelings of relief and frustration
The individuals involved in the lawsuit are all protected by a publication ban.
One man interviewed by CBC News expressed that the recent developments brought both relief and frustration.
“There’s a sense of relief, but also a lot of anger still,” he shared.
He mentioned that the government and church could have acknowledged their responsibility earlier, especially since some of the men involved have since passed away.
“It sometimes feels like it’s too little, too late,” he added.
The man also stated that an apology from the government or the church would carry significant weight, not just for him but for others who have faced similar abuse.
“It would mean a lot,” he remarked.
He conveyed that the process of pursuing the case has enabled him to connect with other survivors and motivate them to seek assistance.
“Initially, it was very embarrassing to speak out,” he recalled. “But now, I realize that by sharing my experience, I can help others.”
He expressed hope that others who have suffered abuse will not let shame or guilt hinder them from seeking help.
More top stories